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2. Legal Aid Commission Act

2.6. Part 4 Finance

2.6.1 Section 61 - Definitions

“In this Part:

financial year, in relation to the Commission, means the year ending on 30 June.

Fund means the Legal Aid Fund established under section 62.


2.6.2 Section 62 - Legal Aid Fund

“The Commission shall establish and administer a fund, to be called the “Legal Aid Fund”.

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Commentary

For information on the Legal Aid NSWs Fund contact:

Trust Account Clerk

Level 8

323 Castlereagh Street

SYDNEY NSW 2000

Telephone 9219 5946

2.6.3 Section 63 - Payments into Fund

“(1) Except as provided by section 64A, there shall be paid into the Fund:

(a) all amounts paid out of the Public Purpose Fund maintained under Division 2 of Part 6 of the Legal Profession Act 1987 for the purpose of supplementation of the Legal Aid Fund,

(b) any money appropriated by Parliament for the purposes of the Fund,

(c) any money received by the State of New South Wales from the Commonwealth for the purposes of legal aid,

(d) amounts paid to the Commission under section 36 (1) (a) or (b) or recovered by it under section 36 (3),

(d1) money received by the Commission in respect of services performed or carried out under clause 20 of Schedule 8,

(e) money received by the Commission by way of payment of party and party costs,

(f) money received by the Commission pursuant to a direction under section 44 (1),

(g) money recovered by the Commission under section 45 (2),

(h) amounts paid to the Commission pursuant to a determination under section 46 (1) or recovered by it under section 46 (3),

(i) money received by the Commission pursuant to a liability under section 48 (a),

(j) penalties recovered pursuant to this Act, and

(k) the interest from time to time accruing from the investment of the Fund.

(2) There may be paid into the Fund money, other than money referred to in subsection (1), which may lawfully be paid into the Fund.

(3) The Commission shall maintain a separate account or accounts in the Fund for money:

(a) received for or on behalf of a legally assisted person by a private legal practitioner when acting as a solicitor on behalf of the person, or

(b) otherwise payable to a legally assisted person, not being money payable into the trust account referred to in section 64A.

(4) Interest from time to time accruing from the investment of money in a separate account referred to in subsection (3) does not form part of that separate account and is not payable to the legally assisted person concerned”.

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Commentary

The separate account maintained under section 63(3) of the Act for matters assigned to private legal practitioners is treated part of the Legal Aid Fund.

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2.6.4 Section 64 - Payments out of the Fund

“There may be paid out of the Fund:

(a) all charges, costs and expenses incurred by the Commission in the exercise of its functions under this Act,

(b) costs and expenses incurred in respect of applications for legal aid,

(c) fees payable to private legal practitioners to whom work is assigned by the Commission,

(d) disbursements incurred on behalf of legally assisted persons,

(e) subject to section 47, costs awarded against legally assisted persons,

(f) money referred to in section 63 (1) (f) which is payable by the Commission to legally assisted persons,

(g) money granted by the Commission in respect of legal aid schemes administered by other persons, and

(h) all other amounts required or authorised by this Act to be paid out of the Fund.”


2.6.5 Section 64A - Trust account

“(1) A trust account is to be established called the Legal Aid Commission Trust Account.

(2) The person responsible for the administration of the Account is the Chief Executive Officer or, if the Chief Executive Officer does not hold a current practising certificate, the relevant member of staff appointed for the time being under section 23A.

(3) All money received for or on behalf of any legally assisted person by the Chief Executive Officer, or a member of staff of the Commission, when acting as a solicitor on behalf of the person is to be held in the Account by the person responsible for the administration of the Account.

(4) Part 6 of the Legal Profession Act 1987 applies to the Account”.

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Commentary

Under section 23A of the Act the Chief Executive officer has appointed Richard Funston Director Criminal Law, to exercise functions as the person responsible for the administration of the Account.

Chapter 3 Part 3.1 of the Legal Profession Act 2004 (NSW) on trust funds now applies to subsection (4) and determines how costs can be deducted from moneys received on behalf of a client.

For Enquiries about Trust Account matters contact:

Trust Account Clerk

Level 2

323 Castlereagh Street

SYDNEY 2000

TEL: 92195946

 

Date Last Published: 29/05/2009

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